General terms of use and sale

1. About Zyllio

These general terms of use and sale (the “Terms”) are offered by Zyllio, a French SASU registered under SIREN number 994 131 274, with its registered office at 24 rue des Fleurs, 91470 Limours, France (hereinafter “Zyllio” or “we”).

You can reach us at contact@zyllio.com.

Information about the publisher and the hosting provider is available in the legal notice.

2. Purpose and scope

The Terms govern:

• access to the Zyllio showcase website;
• the creation and use of an account on Zyllio Studio, available in particular at https://www.zyllio.one (the “Platform”);
• the subscription to and performance of the subscriptions and paid services offered by Zyllio.

They apply to any visitor or user of the Platform (the “Customer” or “you”). When a Customer subscribes on behalf of a legal entity, the Customer represents that they have the authority to bind that legal entity.

Specific terms, a purchase order or a contract entered into with Zyllio may supplement or derogate from these Terms. In the event of a conflict, those documents prevail over these Terms with respect to their subject matter.

3. Acceptance of the Terms

Creating an account, confirming an order or using the Platform implies unreserved acceptance of the Terms in force on that date.

The Customer must be able to download or keep the Terms on a durable medium before confirming their order.

4. Description of the service

Zyllio Studio is a platform used in particular to create, configure and deploy applications or digital projects without code, depending on the plan subscribed to.

The features, usage limits, prices and any specific terms of each plan are presented on the pricing page or in the applicable purchase order. Zyllio may change the Platform in accordance with section 13, without removing an essential feature already paid for without reasonable prior notice, except where required for security reasons, by law or by technical necessity.

The applications, content, settings, connectors and data integrated by the Customer remain the Customer’s responsibility. In particular, the Customer checks that they have the rights required to use them and that they comply with applicable regulations.

5. Account creation and security

To create an account, the Customer provides accurate, complete and up-to-date information. The Customer is responsible for the confidentiality of their login credentials, for the people to whom they grant access and for the actions performed from their account.

The Customer informs Zyllio without delay at contact@zyllio.com of any unauthorized access or security incident of which they become aware. Zyllio may temporarily suspend an account when it has reasonable grounds to suspect fraudulent or unlawful use, or use that compromises the security of the Platform; except in an emergency, Zyllio informs the Customer and indicates the steps needed to remedy the situation.

6. Rules of use

The Customer undertakes not to:

• use the service for unlawful or fraudulent purposes, or in a way that infringes the rights of third parties;
• introduce malware, attempt to circumvent security measures or disrupt the Platform;
• access other users’ accounts, data or systems without authorization;
• resell, rent or make the service available to a third party, unless the plan subscribed to or a written agreement allows it;
• integrate content that is unlawful, defamatory or discriminatory, or that infringes the intellectual property, privacy or personal data of third parties.

Zyllio may take any reasonable measure necessary to put an end to a breach, in particular by requesting the removal of content, restricting the access concerned or suspending the account under the conditions of section 12.

7. Orders, prices and payment

The prices, billing frequency, included features and any usage limits are those displayed when ordering or stated in the purchase order.

Unless otherwise stated, the prices displayed include all taxes. Applicable taxes are included in accordance with the regulations in force.

Final confirmation of the order constitutes an obligation to pay. Before confirming, the Customer can review the details of their order and its total price, and correct any errors.

Payment is processed by Stripe using the payment methods displayed when ordering. Zyllio does not store credit card data, which is collected and processed directly by Stripe. An invoice or confirmation is sent by email.

In the event of a payment issue, Zyllio may suspend access to the paid service after reasonable prior notice, except in cases of suspected fraud or where required for security. The Customer remains liable for the amounts due until the effective date of termination.

8. Subscription term, renewal and cancellation

Term and renewal

The subscription takes effect on the date the order is confirmed, for the term indicated at the time of subscription. Unless otherwise stated, it renews automatically at each expiry date for successive periods of the same length.

Before subscribing, the Customer is informed of the billing frequency, the amount and the renewal terms.

Cancellation by the Customer

The Customer may request cancellation at any time from Zyllio Studio, by following the confirmation steps displayed.

Cancellation takes effect at the end of the subscription period already paid for, unless clearly stated otherwise at the time of subscription or required by applicable law. It prevents the next renewal and does not give rise to a refund for the current period, unless a statutory right or a commercial commitment provides otherwise.

For subscriptions entered into electronically with a consumer, Zyllio provides an online cancellation feature where required by regulations.

Consequences of the end of the subscription

On the effective date of cancellation or expiry, access to paid features ends. Data associated with an inactive account is deleted or anonymized after one month of inactivity, subject to applicable legal obligations.

The Customer remains responsible for backing up their content before the effective closing date of their account or subscription.

9. Consumer right of withdrawal

This section applies only to Customers who are consumers within the meaning of the French Consumer Code.

A consumer Customer generally has fourteen (14) days from the conclusion of the contract to exercise their right of withdrawal, without having to give reasons or bear any costs other than those provided for by law.

To exercise this right, they can contact us at contact@zyllio.com, for example by writing: “I hereby give notice that I withdraw from the contract for [identification of the subscription], ordered on [date], in the name of [name], at the address [address], date and signature if sent by post.”

If the Customer expressly requests that performance of the service begin before the end of the withdrawal period, they acknowledge that they must pay the amount corresponding to the service already provided up to the possible exercise of their right. If the Customer requests immediate access to digital content not supplied on a tangible medium and acknowledges losing their right of withdrawal under the legal conditions, this consent and acknowledgment are collected separately before access.

10. Intellectual property

The Platform, its software, interfaces, trademarks, logos, content and graphic elements are protected by intellectual property rights and remain the property of Zyllio or its licensors.

Subject to payment of the amounts due and compliance with the Terms, Zyllio grants the Customer a personal, non-exclusive, non-transferable and non-sublicensable right to use the Platform for the duration of their subscription and within the limits of the plan subscribed to.

The Customer retains the rights to their content and data. The Customer grants Zyllio the rights strictly necessary to host, process, technically reproduce and display this content in order to provide the service. Zyllio does not use the Customer’s content for any other purpose without the Customer’s instructions or consent, unless required by law.

11. Personal data and privacy

How personal data is processed is described in the Privacy policy.

When Zyllio processes personal data on behalf of a Customer as part of the use of the Platform, the respective roles of the parties and the processor obligations are set out in the data processing agreement.

12. Suspension and termination by Zyllio

Zyllio may suspend all or part of the service when necessary to:

• preserve the security or integrity of the Platform;
• prevent or stop fraud, unlawful activity or an infringement of third-party rights;
• remedy a persistent payment issue;
• enforce the Terms after a formal notice that has remained unheeded for a reasonable period.

Except in emergencies, for security reasons or where required by law, Zyllio informs the Customer before the suspension and, where possible, gives them the opportunity to remedy the breach.

Zyllio may terminate the subscription in the event of a serious or repeated breach by the Customer that is not remedied within a reasonable period after notification, without prejudice to the amounts already due and any damage suffered.

13. Availability, maintenance and changes

Zyllio uses reasonable means to ensure the availability and security of the Platform. Interruptions may nevertheless occur, in particular for maintenance, updates, a security incident, a service provider failure or a force majeure event.

Where possible, Zyllio informs Customers in advance of maintenance operations likely to have a significant impact on the service.

14. Liability

Zyllio is liable for direct damage resulting from a proven breach of its contractual obligations, within the limits provided for by law.

Zyllio cannot be held liable for damage resulting from:

• use of the service that does not comply with the Terms or its documentation;
• content, data, applications, settings or third-party services chosen by the Customer;
• a malfunction attributable to a third party, the Internet, or the Customer’s equipment or systems, unless Zyllio is at fault;
• a force majeure event.

For business Customers only: except in cases of gross negligence, willful misconduct, personal injury or a mandatory rule to the contrary, Zyllio’s total liability is capped at the amount actually paid by the Customer to Zyllio for the service concerned during the six months preceding the event giving rise to the claim. Zyllio is not liable for indirect losses such as loss of revenue, customers, opportunity or unsaved data.

Nothing in these Terms is intended to, or has the effect of, excluding or limiting a consumer’s mandatory rights, or liabilities that cannot legally be excluded or limited.

15. Third-party services and links

The Platform may allow the integration of third-party services. Their use is subject to the terms and policies of those third parties; the Customer is invited to review them before using them.

Zyllio is not responsible for the content, availability, security practices or contractual terms of third-party services over which it has no control. This clause does not limit the liabilities that Zyllio legally bears.

16. Changes to the Terms

Zyllio may amend the Terms to reflect legal, regulatory, technical or security developments, or changes to its services.

In the event of a substantial change likely to affect the Customer’s rights or obligations, Zyllio informs the Customer at least thirty (30) days before it takes effect, except where required for security reasons, by law or by technical impossibility. The Customer may then cancel their subscription before the change takes effect, as described in the notification, where this option is required by law or justified by the change.

Continued use of the service after the effective date constitutes acceptance of the amended Terms, subject to applicable mandatory rights.

17. Governing law and dispute resolution

The Terms are governed by French law.

For business Customers, any dispute relating to the Terms falls under the jurisdiction of the courts of Évry, France, subject to applicable mandatory rules.

For consumer Customers, applicable mandatory jurisdiction rules remain reserved.

18. General provisions

If any provision of the Terms is declared void or unenforceable, the other provisions remain in force. Zyllio’s failure to enforce a provision at any given time does not constitute a waiver of its right to enforce it later.

The Terms constitute the agreement between the parties on their subject matter, subject to any applicable specific terms, purchase orders and data processing agreements.

19. Contact us

For any question about the Terms, your subscription or cancellation:

Zyllio
24 rue des Fleurs
91470 Limours, France
contact@zyllio.com